For
and in consideration of USA Track & Field, Inc. (“USA Track & Field” or
“USATF”) allowing me, the registrant, to participate in the USA Track &
Field sanctioned event I am registering for herein (the “Event” or “Events”);
I, for myself, and on behalf of my spouse, children, guardians, heirs and next
of kin, and any legal and personal representatives, executors, administrators,
successors and assigns, hereby agree to and make the following contractual
representations pursuant to this Waiver and Release of Liability, Assumption of
Risk and Indemnity Agreement (the “Agreement”);
1. I
hereby represent that (i) I am at least eighteen (18) years of age (or this Agreement
is also agreed to by my parent, natural guardian, or legal guardian (the
“Guardian”)); (ii) I am in good health and in proper physical condition to
participate in the Event; and (iii) I am not under the influence of alcohol or
any illicit or prescription drugs which would in any way impair my ability to
safely participate in the Event. I agree
that it is my sole responsibility to determine whether I am sufficiently fit
and healthy enough to participate in the Event, that I am responsible for my
own safety and well-being at all times and under all circumstances while at the
Event site.
2. I
understand and acknowledge that participation in track & field, road
running, race walking, cross country, mountain, ultra, and trail running Events
is inherently dangerous and represents an extreme test of a person’s physical
and mental limits. I understand and acknowledge the risks and dangers
associated with participation in the Event and sports of track & field and
related activities, including without limitation, the potential for serious
bodily injury, sickness and disease, permanent disability, paralysis and loss
of life; loss of or damage to equipment/property; exposure to extreme
conditions and circumstances; contact with other participants, spectators,
animals or other natural or manmade objects; dangers arising from adverse
weather conditions; imperfect course or track conditions; land, water and
surface hazards; equipment failure; inadequate safety measures; participants of
varying skill levels; situations beyond the immediate control of the Event
Organizers (as defined in Section 4 below); and other undefined, not readily
foreseeable and presently unknown risks and dangers (“Risks”). I understand
that these Risks may be caused in whole or in part by my own actions or inactions
or the actions or inactions of others participating in or organizing the Event,
and I hereby expressly assume all such Risks and responsibility for any
damages, liabilities, losses or expenses which I incur as a result of my
participation in any Event, except to the extent caused by the gross negligence
and/or willful misconduct of any of the Released Parties (as defined in Section
4 below).
3. I
agree to be familiar with and to abide by the Rules and Regulations established
for the Event, including but not limited to the Competition Rules adopted by
USA Track & Field and any safety regulations established for the benefit of
all participants. I accept sole responsibility for my own conduct and actions
while participating in the Event, and the condition and adequacy of my equipment.
4. I hereby release, waive
and covenant not to sue, and further agree to indemnify, defend and hold harmless
the following parties, as relevant and applicable in each instance: USATF, its
members, clubs, associations, sport disciplines and divisions; United States
Olympic Committee (USOC); the event directors, the host organization and the
facility, venue and property owners or operators upon which the Event takes
place; and any other organizers, promoters, sponsors, advertisers, coaches and officials
for this Event; law enforcement agencies and other public entities providing
support for the Event; and each of their respective parent, subsidiary and
affiliated companies, officers, directors, partners, shareholders, members,
agents, employees and volunteers (Individually and collectively, the “Released Parties”
or “Event Organizers”), with respect to any liability, claim(s), demand(s),
cause(s) of action, damage(s), loss or expense (including court costs and
attorneys’ fees) of any kind or nature (“Liability”) which may arise out of,
result from, or relate in any way to my participation in the Event, except to
the extent caused by the gross negligence and/or willful misconduct of any of
the Released Parties. I further agree that if, despite this Agreement, I, or
anyone on my behalf, makes a claim for Liability against any of the Released
Parties, I will indemnify, defend and hold harmless each of the Released
Parties from any such Liabilities which may be incurred as the result of such
claim, except to the extent caused by the gross negligence and/or willful
misconduct of any of the Released Parties, as relevant and applicable in each
instance.
5. As a condition of
my participation in the Event, I hereby grant USA Track & Field, the event
director and host organization a limited license to use my name, likeness,
image, photograph, voice, video, athletic performance, biographical and other
information (collectively, “Likeness”), in any media platform or format
whatsoever, and to distribute, broadcast and exhibit these without charge,
restriction or liability, but only for the purposes of advertising or promoting
the Event, USATF, or the sport of Athletics.
The foregoing grant, however, does not constitute consent for USATF or
any third party to use my Likeness in an endorsement of any product or service
without my specific written consent.
I
hereby warrant that I (or the Guardian, if I am under the age of 18) am of
legal age and competent to enter into this Agreement, that I have read this
Agreement carefully, understand its terms and conditions, acknowledge that I
will be giving up substantial legal rights by accepting it (including the
rights of my spouse, children, guardians, heirs and next of kin, and any legal
and personal representatives, executors, administrators, successors and
assigns), acknowledge that I have accepted this Agreement without any
inducement, assurance or guarantee, and intend for my acceptance to serve as
confirmation of my complete and unconditional acceptance of the terms,
conditions and provisions of this Agreement. This Agreement represents the
complete understanding between the parties regarding these issues and no oral
representations, statements or inducements have been made apart from this
Agreement. If any provision of this Agreement is held to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability of any
remaining provisions.
If
the participant is under the age of 18, the Guardian hereby agrees to release
and discharge the Released Parties as follows:
a) The Guardian acknowledges and understands that the Event is
inherently dangerous and represents an extreme test of a person’s physical and
mental limits. Further, the Guardian
acknowledges and understands the Risks, as defined above. b) The Guardian acknowledges the rights
waived by both the Guardian and the participant by accepting this Agreement. c)
The Guardian acknowledges that the Guardian will indemnify the Released Parties
from any and all Liability which may arise out of, result from, or relate in
any way to the participant’s participation in the Event, except to the extent
caused by the gross negligence and/or willful misconduct of any of the Released
Parties.